The time instantly following the death of a loved one particular is constantly a challenging time for all involved. This time can sadly be even a lot more painful if there is confusion or dispute surrounding the manner in which the deceased’s estate will be split between beneficiaries.
Contesting a will is the procedure of difficult a will by a relative or other beneficiary who believes that the will distributes the deceased’s estate in an unfair way, or that the will does not accurately reflect the deceased’s intentions.
If you think a will has been drafted negligently, or that it does not accurately reflect the wishes of the deceased, you may be able to contest, or challenge the will.
Contesting a will can be a sensitive concern, and is almost certainly the last thing you will want to feel about right after the death of a loved 1, nevertheless it really is critical to start the procedure as quickly as feasible. This is simply because it could become challenging to contest a will if far more than six months have passed considering that the Grant of Probate (the document issued by the court after which payments can be made from the deceased’s estate).
Motives for contesting a will
Widespread factors for contesting a will incorporate the following
* The will does not accurately reflect the wishes of the deceased. The will might have been drafted negligently, or subtleties in the wording may imply that instructions in the will are contrary to what the deceased intended.
* The will was signed beneath ‘undue influence’ or duress. This usually implies that the deceased was under pressure from a third celebration to divide up their estate in a particular way.
* Lack of mental capacity. The deceased lacked the mental capacity to sign or give directions concerning their will in the right and intended manner. This might have been due to a situation that affects the cognitive skills such as dementia.
* Errors in the way the will was drafted or signed.
Inheritance Act 1975
The object of an Inheritance Act Claim is to redistribute the deceased’s estate to make sure affordable monetary provision for these associated to the deceased and their dependants if the will or the law relating to intestacy has not done so already. A claim beneath the Inheritance Act is a claim made by a person related with the deceased, to turn out to be a beneficiary, or a greater beneficiary, of the deceased’s estate.
To make a claim under the Inheritance Act, you require to be a spouse, civil companion or cohabitee, a former husband, wife or civil partner of the deceased who was receiving maintenance and has not remarried/entered into a new civil partnership , a child or particular person treated as a kid of the deceased, or a individual partly or fully maintained by the deceased quickly prior to their death.
Contesting a will – the next actions
When contesting a will, the first step is to find the correct solicitor to aid. This is an essential choice – you must pick a solicitor who has experience in contentious probate and has handled comparable situations before. You may also want to find a solicitor who can act on a no win no charge basis, meaning if your case is unsuccessful, you will not be responsible for your solicitor’s legal expenses. What is much more, if your case is effective, your solicitor will usually recover your legal expenses from the other side. It’s worth double-checking this before committing to anything. Your solicitor will then be capable to talk you through the procedure of contesting a will, answer any inquiries you may have, and guide you by way of the process.